Deck 16: Intentional Torts

Question 1

What is assault and battery?

A) Crime
B) Tort
C) Both a crime and a tort
D) "Victimless crime"

Answer 1

Both a crime and a tort

Question 2

When does a verbal threat constitute an assault?

A) Verbal threat must be accompanied by an act indicating that the battery will follow immediately
B) Verbal threat must be accompanied by an act indicating that the battery may follow in the future
C) Very aggressive verbal threat constitutes an assault
D) Any verbal threat constitutes an assault

Answer 2

Verbal threat must be accompanied by an act indicating that the battery will follow immediately

Question 3

What term describes a limitation of a person's liberty without justification?

A) False imprisonment
B) False arrest
C) All of the above
D) None of the above

Answer 3

All of the above

Question 4

In some states, what are conditions for legal detention of suspected shoplifters by store managers?

A) For a reasonable length of time
B) In a reasonable manner
C) If reasonable grounds for such suspicion exist
D) All of the above

Question 5

What does the abbreviation IIED mean?

A) Intentional imposition of emotional disturbance
B) Intentional infliction of emotional distress
C) Intended input of emotional disorder
D) None of the above

Question 6

What is negligent infliction of emotional distress?

A) Unintentional tort
B) Intentional tort
C) Crime
D) Violation of moral standards of the community

Question 7

What misrepresentation is actionable?

A) Of a material fact
B) Of a future occurrence
C) Of an opinion
D) Of an expert opinion

Question 8

What does the Latin term "scienter" mean?

A) Negligently
B) Knowingly
C) Logically
D) Scientifically

Question 9

What is a way for communicating libel?

A) TV program
B) Radio broadcasting
C) Internet post
D) All of the above

Question 10

What Latin term means "in and of itself"?

A) Pro se
B) Prima facie
C) Per se
D) Ex post facto

Question 11

What does the right of privacy include?

A) Right to be left alone
B) Right to be free from unwanted publicity
C) Right to live without unreasonable intrusion of the public in private matters
D) All of the above

Question 12

What situation is invasion of privacy?

A) Videotaping a politician during a political rally
B) Asking a movie star for an autograph at an award ceremony
C) Making a photo with a famous athlete, with his permission, and publishing it on the Facebook
D) Wiretapping a journalist's car

Question 13

What is malicious prosecution?

A) Tort
B) Crime
C) Both a tort and a crime
D) Violation of legal ethics

Question 14

Under what circumstances may a tort suit for malicious prosecution be brought?

A) After the plaintiff has been acquitted of criminal or civil charges brought with malice and without probable cause
B) After the plaintiff has been acquitted of criminal or civil charges brought without malice and with probable cause
C) All of the above
D) None of the above

Question 15

What situation illustrates a trespass?

A) Walking in another's garden without permission
B) Driving through another's field without permission
C) Hitting a tennis ball into another's airspace without permission
D) All of the above

Question 16

What is trespass?

A) Tort
B) Crime
C) Both a tort and a crime
D) Violation of moral standards

Question 17

What is an element of conversion?

A) Wrongful exercise of dominion
B) Over the personal property
C) In the possession of another
D) All of the above

Question 18

What is an example of conversion?

A) Jack sold Mary's car without her permission
B) Jack borrowed Mary's car and returned it
C) Jack sold Mary's car with her permission
D) All of the above

Question 19

What term describes the disturbance affecting the community at large?

A) Public disturbance
B) Public nuisance
C) Public annoyance
D) Public inconvenience

Question 20

What is a ground for nuisance lawsuit?

A) Offensive odor
B) Loud noise
C) Emission of smoke
D) All of the above

Question 21

Assault is an act that intentionally creates a reasonable apprehension in the victim of a possible battery.

Question 22

Every battery includes an assault, and every assault necessarily requires a battery.

Question 23

If a person apprehends that physical force will be used if he or she attempts to leave, it is considered to be a confinement.

Question 24

In some states, store owners have statutory protection allowing to detain suspected shoplifters.

Question 25

NIED occurs when a defendant commits an accidental act that is foreseeable to lead to the plaintiff's physical injury.

Question 26

Today, courts allow damages for emotional sufferings not accompanied by physical injuries.

Question 27

To recover for fraud, the plaintiff must allege and prove all of the four basic elements.

Question 28

The misrepresentation must be made with belief of its falsity.

Question 29

If the defamatory material is not communicated to a third person, it is not actionable.

Question 30

Libel is considered to be less serious than slander.

Question 31

The proliferation of the Internet leads to the increase of the invasion of privacy.

Question 32

Using someone's photograph without permission for advertising purposes is the example of invasion of privacy.

Question 33

A prosecutor initiates an action for the tort of malicious prosecution.

Question 34

To win a case for malicious prosecution, one must prove three basic elements.

Question 35

Suit may be brought against a trespasser by the person who has custody over the land.

Question 36

To recover for trespass, it is necessary to prove that actual damages occurred as a result of the trespass.

Question 37

Conversion is identical to trespass.

Question 38

In conversion, a perpetrator is interfering with the owner's possession.

Question 39

People living near airports sometimes sue airlines for trespass.

Question 40

Tenants damaging the landlord's property commit the tort of waste.

Question 41

Pointing a revolver at someone is a(n) ________.

Question 42

The person detained by a store manager may sue the store for damages arising from the ________ imprisonment.

Question 43

Traditionally, it was almost impossible to recover damages for infliction of emotional ________.

Question 44

To recover for fraud, the injured party must prove that he or she suffered ________.

Question 45

Newspapers have a(n) ________ privilege when they report about public events.

Question 46

Peeping on someone in a private location is called Intrusion of ________.

Question 47

The right of action for ________ prosecution arises when a person has unsuccessfully brought criminal or civil charges against another.

Question 48

Trespass to personal property is a tort called trespass de bonis ________.

Question 49

When a wrongdoer is using another's property as though it belongs to the wrongdoer, it is ________.

Question 50

The disturbance affecting only neighbors is called a(n) ________ nuisance.

Question 51

Match the terms with their descriptions:

-Intentional infliction of emotional distress

A) Discharged from accusations
B) Intentional contact with another person without his or her permission and without justification
C) Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another
D) Restraining a person's liberty without justification
E) One person, by false representation of material facts, induces another to act and thereby suffer a financial loss
F) Violation of the right of privacy
G) Intentional and unauthorized entry on another's land
H) Wrongful act of damaging someone's reputation by making false statements about that person.
I) Wrongful exercise of dominion over the personal property in the possession of another
J) Use of one's property in a way that causes annoyance to others

Question 52

Match the terms with their descriptions:

-Defamation

A) Discharged from accusations
B) Intentional contact with another person without his or her permission and without justification
C) Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another
D) Restraining a person's liberty without justification
E) One person, by false representation of material facts, induces another to act and thereby suffer a financial loss
F) Violation of the right of privacy
G) Intentional and unauthorized entry on another's land
H) Wrongful act of damaging someone's reputation by making false statements about that person.
I) Wrongful exercise of dominion over the personal property in the possession of another
J) Use of one's property in a way that causes annoyance to others

Question 53

Match the terms with their descriptions:

-False arrest

A) Discharged from accusations
B) Intentional contact with another person without his or her permission and without justification
C) Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another
D) Restraining a person's liberty without justification
E) One person, by false representation of material facts, induces another to act and thereby suffer a financial loss
F) Violation of the right of privacy
G) Intentional and unauthorized entry on another's land
H) Wrongful act of damaging someone's reputation by making false statements about that person.
I) Wrongful exercise of dominion over the personal property in the possession of another
J) Use of one's property in a way that causes annoyance to others

Question 54

Match the terms with their descriptions:

-Nuisance

A) Discharged from accusations
B) Intentional contact with another person without his or her permission and without justification
C) Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another
D) Restraining a person's liberty without justification
E) One person, by false representation of material facts, induces another to act and thereby suffer a financial loss
F) Violation of the right of privacy
G) Intentional and unauthorized entry on another's land
H) Wrongful act of damaging someone's reputation by making false statements about that person.
I) Wrongful exercise of dominion over the personal property in the possession of another
J) Use of one's property in a way that causes annoyance to others

Question 55

Match the terms with their descriptions:

-Deceit

A) Discharged from accusations
B) Intentional contact with another person without his or her permission and without justification
C) Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another
D) Restraining a person's liberty without justification
E) One person, by false representation of material facts, induces another to act and thereby suffer a financial loss
F) Violation of the right of privacy
G) Intentional and unauthorized entry on another's land
H) Wrongful act of damaging someone's reputation by making false statements about that person.
I) Wrongful exercise of dominion over the personal property in the possession of another
J) Use of one's property in a way that causes annoyance to others

Question 56

Match the terms with their descriptions:

-Conversion

A) Discharged from accusations
B) Intentional contact with another person without his or her permission and without justification
C) Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another
D) Restraining a person's liberty without justification
E) One person, by false representation of material facts, induces another to act and thereby suffer a financial loss
F) Violation of the right of privacy
G) Intentional and unauthorized entry on another's land
H) Wrongful act of damaging someone's reputation by making false statements about that person.
I) Wrongful exercise of dominion over the personal property in the possession of another
J) Use of one's property in a way that causes annoyance to others

Question 57

Match the terms with their descriptions:

-Trespass

A) Discharged from accusations
B) Intentional contact with another person without his or her permission and without justification
C) Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another
D) Restraining a person's liberty without justification
E) One person, by false representation of material facts, induces another to act and thereby suffer a financial loss
F) Violation of the right of privacy
G) Intentional and unauthorized entry on another's land
H) Wrongful act of damaging someone's reputation by making false statements about that person.
I) Wrongful exercise of dominion over the personal property in the possession of another
J) Use of one's property in a way that causes annoyance to others

Question 58

Match the terms with their descriptions:

-Battery

A) Discharged from accusations
B) Intentional contact with another person without his or her permission and without justification
C) Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another
D) Restraining a person's liberty without justification
E) One person, by false representation of material facts, induces another to act and thereby suffer a financial loss
F) Violation of the right of privacy
G) Intentional and unauthorized entry on another's land
H) Wrongful act of damaging someone's reputation by making false statements about that person.
I) Wrongful exercise of dominion over the personal property in the possession of another
J) Use of one's property in a way that causes annoyance to others

Question 59

Match the terms with their descriptions:

-Acquitted

A) Discharged from accusations
B) Intentional contact with another person without his or her permission and without justification
C) Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another
D) Restraining a person's liberty without justification
E) One person, by false representation of material facts, induces another to act and thereby suffer a financial loss
F) Violation of the right of privacy
G) Intentional and unauthorized entry on another's land
H) Wrongful act of damaging someone's reputation by making false statements about that person.
I) Wrongful exercise of dominion over the personal property in the possession of another
J) Use of one's property in a way that causes annoyance to others

Question 60

Match the terms with their descriptions:

-Invasion of privacy

A) Discharged from accusations
B) Intentional contact with another person without his or her permission and without justification
C) Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another
D) Restraining a person's liberty without justification
E) One person, by false representation of material facts, induces another to act and thereby suffer a financial loss
F) Violation of the right of privacy
G) Intentional and unauthorized entry on another's land
H) Wrongful act of damaging someone's reputation by making false statements about that person.
I) Wrongful exercise of dominion over the personal property in the possession of another
J) Use of one's property in a way that causes annoyance to others

Question 61

Define libel and slander, compare and contrast them.

Question 62

Define right to privacy and invasion of privacy. Identify and explain four types of claims for invasion of privacy.

Question 63

Define torts of nuisance and waste. Compare and contrast private nuisance and public nuisance.

Question 64

Mary, an advertising company's manager, signs a contract with Bradley, a country music star, to use his voice in the advertisement of cowboy's hats. Without Bradley's consent, Mary also used Bradley's voice in an advertisement of cowboy boots, and hired Fred, who resembles Bradley, to play the role of Bradley in this advertisement. Fred wants to know more about Bradley, so he climbs a tree near Bradley's house, peeps into the windows, and sees Bradley taking off his toupee. Later Fred writes in his blog about Bradley's hair-piece. Discuss, what torts have been committed and by whom.

Question 65

Kevin, CEO of a corporation, learns that Mike, an accountant, broke an engagement with Kevin's sister. Kevin forged Mike's signature on documents, authorizing transfer of big sums of money, and accused Mike of embezzling. During the trial, the jury could not reach the unanimous verdict, and the judge declared a hung jury. Discuss whether Mike has a legal ground to bring a claim against Kevin for malicious prosecution.